By DCStockPhotography / Shutterstock.com

HHS Seeks Feedback on Pandemic Regulatory Actions

The Trump administration is making a final push for deregulation during lame duck period. 

The Health and Human Services Department is seeking feedback on how it can make permanent or modify any of the actions it took to further President Trump’s strategy to use deregulation to address the economic recession created by the novel coronavirus pandemic. 

HHS posted a request for information in the Federal Register on Tuesday (which will be published formally on Wednesday) asking stakeholders to comment within 30 days on the 382 regulatory actions it took related to the pandemic. The president issued an executive order in May and the Office of Management and Budget sent a supplemental memo in August directing all federal agencies to waive or modify any regulations that could impede the economy’s recovery from the recession. Deregulation has been a major policy priority of this administration and now it’s rushing to make many rule changes during its lame duck period, as is typical of outgoing presidents. 

“HHS is issuing this request for information to collect information for the purpose of considering the costs and benefits, consistent with applicable law and with protection of the public health and safety, of retaining these particular regulatory changes beyond the COVID-19 public health emergency,” said the notice. “In addition to the costs and benefits of these actions, the department seeks input on any barriers that may exist to making these deregulatory actions permanent including any evidence or experience that commenters have.” 

Some of the stakeholders HHS would like to hear from include: Medicare and Medicaid beneficiaries; health care providers; advocacy groups; health insurance companies; state, local and territorial governments; long-term care facilities; pharmacists; and policy experts. 

The department asked them to ponder which regulation changes HHS has made during the pandemic have been beneficial or detrimental and which should be made permanent, extended or modified at the end of the public health emergency. 

In the document, HHS touted its success with expanding telehealth services, and participating in “Operation Warp Speed” to develop and distribute a coronavirus vaccine. The department also noted the Food and Drug Administration's issuing of emergency use authorizations for treatments and testing during the pandemic, all of which officials tied to regulatory rollbacks. 

Susan Dudley, director of the Regulatory Studies Center at The George Washington University, who was Office of Information and Regulatory Affairs administrator from 2007 to 2009, told Government Executive on Tuesday she doesn’t believe the Trump administration has enough time to carry out the request for information since there are less than two months until Inauguration Day. 

Comments will probably be due on December 28 (since 30 days from Wednesday is Christmas Day), “so HHS would only have three weeks to evaluate them and issue necessary Federal Register notices to effectuate changes,” she said. “I don’t know how many of those notices could be final actions, as opposed to proposed actions.” The Federal Register tends to get “backed up” at the end of an administration with a last minute rules push. 

However, “the responses to the [request for information] may be useful to the incoming Biden administration as it considers whether to extend, make permanent, or rescind any of the public health emergency actions HHS has taken,” she said. 

Amit Narang, regulatory policy advocate for the nonprofit group Public Citizen, told Government Executive he believes the department should “be focused only on the public health solutions when it comes to the COVID pandemic” and the push for deregulation is a “distraction” and “unnecessary.” The Coalition for Sensible Safeguards, whose executive committee Public Citizen co-chairs, has been keeping a running list of the Trump administration’s deregulation actions during the pandemic that group members believe are harmful. 

HHS published a second, related notice in the Federal Register on Tuesday, saying that, effective immediately, all divisions of the department must ensure that new rules are not “redundant, overlapping or inconsistent.” 

Dudley said this is just a “policy document” that she does not believe is binding. 

Narang told Government Executive it’s “short and vague” and does not have much explanation to support it. He expects President-elect Joe Biden to repeal it.

In reference to the two new documents together, Narang said “This looks like a pattern from HHS; trying to lock in policies at the last minute.” He also referenced an upcoming final rule from the Centers for Medicare and Medicaid Services, a division of HHS, that has a unique disclaimer acknowledging the “tight time constraints” in the process. 

Also on November 4, HHS launched an “unprecedented” push for regulatory review by issuing a proposed rule that would require certain regulations to be reviewed every 10 years to see if they’re still needed. 

Regulation experts previously told Government Executive they expect the Biden administration to immediately begin reversing the Trump administration’s deregulatory agenda after Inauguration. However, undoing any last minute regulations (using the Congressional Review Act) could be difficult if there is a divided Congress and reversing deregulations will depend on the specifics of the regulation and any potential for litigation. 

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.